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(영문) 인천지방법원 부천지원 2018.04.20 2018고단404
공무집행방해
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

At around 15:25 on February 12, 2018, the Defendant, “A person residing in 212 shall continuously open the door of the house (111) of Korea,” and “Around 15:212 of the same 212, the Defendant, upon receiving a report 112, sent out the door of the house of Korea,” saying “A police box of the Seocheon-si Police Station C, which was sent out by the police box affiliated with the police box of the Seocheon-gu Police Station C, Seoul, to ask questions about the progress of the opening by sending the door of the neighbor,” and assaulted the above D on three occasions by hand, and assaulted the face of the above D once.

Accordingly, the defendant interfered with legitimate execution of duties concerning the suppression and investigation of police officers' crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police of D;

1. Application of the statutes governing the place of service for a police box;

1. Article 136 of the Criminal Act applicable to the crime, Article 136 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is to disarm the exercise of legitimate public authority and to strictly punish a person who obstructs the function of the State’s legal order.

The punishment shall be determined by taking full account of the circumstances favorable to the defendant (the defendant recognized the crime of this case, the violation of his mistake, the first offender), the unfavorable circumstances (the fact that the defendant exercised force to a police officer who is performing legitimate duties under the influence of alcohol, and the degree of exercise of force is not less than that of the defendant), and other various circumstances, including the defendant's age, sexual conduct, method of crime, and circumstances before and after the crime, which are the sentencing conditions specified in the records and arguments of this case.

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